Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Idream Social Edtech Foundation v. CIT (E) (2024)112 ITR 20(Chd)(Trib)

S. 12A : Registration-Trust or institution-Details by questionnaire communicated through Electronic mode on Department’s Portal-Merely uploading of information about date of hearing on Income-Tax Portal is not effective service of notice-Notice is not served-Matter restored to Commissioner (E) to decide afresh in accordance with law after giving reasonable opportunity of being heard to assessee.[S. 12A(1)(1)(ac)(iii), 12AB, 282(1), R. 127(1)]

Shri Balaji Human Resources Development Trust v. ITO (2024)112 ITR 41 (SN)(Delhi)(Trib)

S. 11 : Property held for charitable purposes-Running business school-Payment to related party-Assessing Officer had not demonstrated how payment for business support services was not commensurate with market value of services availed of–Salary expenditure to faculty members-Disallowance for failure to file qualifications of teachers not sustainable-Disallowance is not warranted-Payment of commission to Consultants and counsellors is justified-Disallowance of expenses on computers to students is not reasonable. [S.12A 13(2)(c), 13(2)(c),13(2)(g), 13(3)]

Dawoodi Bohra Musafirkhana Trust v. ITO (E) (2024)112 ITR 8 (SN)(Ahd)(Trib)

S. 11 : Property held for charitable purposes-Corpus donations-Distinct and separate from income derived from property held under trust-Not entitled to exemption.[S. 2(24), 11(1(a), 11(1)(d), 12(1)]

Dy. CIT v.Sheriff Foundation (2024)112 ITR 72 (SN)(Delhi) (Trib)

S. 11 : Property held for charitable purposes-Donation to another trust with similar objects-Allowed as deduction in earlier years and latter years-Denial off exemption is not valid. [S.12A]

Toppan Merrill Technology Services P. Ltd. v. Dy. CIT (2024)112 ITR 32 (SN)(Chennai)(Trib)

S. 10A : Free trade zone-Reconciled entire figure and entire reconciliation matched amount declared in Form 56F-Claim is directed to be allowed. [Form No 56F]

Tech Mahindra Business Services Ltd. v. ACIT (2024)112 ITR 21 (SN)(Mum)(Trib)

S. 10A : Free trade zone-Eligible profits-Interest income-Income from business eligible for deduction-Foreign exchange gain on exchange earners’ foreign currency account-Allowable.

Crisil Ltd. v. Add. CIT (2024)112 ITR 56 (Mum)(Trib)

S. 10A : Free trade zone-Computation-Total turnover-Expenses excluded from export turnover to be excluded from total turnover.

ESS v. Asst. CIT (IT) (2024)112 ITR 326 (Trib) (Delhi)(Trib)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Sub-Licence of designated rights-Not royalty-Addition is deleted-Deduction of tax at source-Direction is given to Assessing Officer to verify and allow correct credit of taxes deducted at source.[S. 9(1)(i), Form 26AS.]

City Union Bank Ltd. v. Dy. CIT (2024)112 ITR 337 /229 TTJ 139 (Chennai)(Trib)

S. 4 : Charge of income-tax-Income-Accrual-Interest on non-performing asset-Deletion of addition is affirmed. [R.6EA]

Axis Bank Ltd. v. Asst. CIT (2024)112 ITR 28 (Ahd)(Trib)

S. 4 : Charge of income-tax-Accrual of income-Bank-Guarantee commission-Earned for unexpired period of guarantee contract-Offered to tax in succeeding years over period of guarantee-Interest from non-performing assets-Addition is deleted. [S. 4, 43D, R,6EA]